signed into law in 1996 by president clinton who now supports the overturning of that law. at least one of the nine on the court has a personal connection to this issue, chief justice john roberts has a cousin from san francisco who is a lesbian and reportedly wants to marry her partner. she will be in the room as roberts guest during the prop 8 arguments. so will cc cnn senior analyst jeffrey toobin who will prep us on that, the author of "the oath." jeff, thanks for being here on "the lead." you're the lead on "the lead." there are a lot of legal issues and torts. but for you this comes down to one question. >> both cases, same question -- can the government, in giving out benefits, whether it's taxes, whether it's marriage, whether it's child custody, say gay people get one set of benefits and straight people get another? can gay people get less? those are really the questions in both cases, and the court has never really answered that question clearly. and we should know a lot more tomorrow. >> and in terms of court watching, we know that there are generally four -- tra